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(영문) 대구지방법원 2019.02.21 2018가단139323
구상금
Text

1. The Plaintiff:

A. Defendant A is entitled to KRW 40,814,552, within the scope of the property inherited from Nonparty A C, and the amount is KRW 40,814,552.

Reasons

1. The facts stated in the separate sheet of claim and each changed claim cause asserted by the Plaintiff are either not disputed between the parties, or acknowledged in full view of the entries in Gap evidence Nos. 1 through 7 (Each number omitted) and the purport of all pleadings.

2. Therefore, the Defendants, who received joint inheritance by qualified acceptance of the network C’s property, are obligated to pay the amount of debt calculated in accordance with each of their respective inheritance shares (Defendant A, Defendant A, and Defendant B B B/5) within the scope of the property inherited from the network C.

3. If so, the plaintiff:

A. Defendant A pays 40,814,552 won and 40,320,948 won among them within the scope of property inherited from Nonparty A C and 10% per annum from November 15, 2018 to December 28, 2018, and 15% per annum from the following day to the full payment date;

B. Defendant B is obligated to pay 27,209,701 won and 26,880,632 won among them within the scope of the property inherited from Nonparty Dong C and 10% per annum from November 15, 2018 to December 28, 2018, and 15% per annum from the following day to the full payment date.

Plaintiff

All claims are justified. However, when the plaintiff filed a claim for simple performance and the defendant's defense of limited acceptance was submitted, the court below ruled that one-half of the defendants shall be borne by the plaintiff, taking into account the circumstances that reduced the purport of the claim.

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